Certain Athletic Footwear; Institution of Investigation, 62920-62921 [2016-21971]
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Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3104. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 16, 2016, based on a
complaint filed by Cambria Company
LLC (Cambria) of Belle Plaine,
Minnesota. 81 FR 54600–1 (Aug. 16,
2016). The complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337), in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain quartz slabs and portions
thereof. The alleged violation of section
337 is based upon infringement of U.S.
Patent No. D712,666; U.S. Patent No.
D712,670; U.S. Patent No. D751,298;
U.S. Patent No. D712,161; and U.S.
Patent No. D737,058. The notice of
investigation named as the respondents:
Stylen Quaza LLC DBA Vicostone USA
of Dallas, Texas; Vicostone Joint Stock
Company of Vietnam; Building Plastics,
Inc. of Memphis, Tennessee; Fasa
Industrial Corporation, Ltd. of China;
Foshan FASA Building Material Co.,
Ltd. of China; Solidtops LLC, of Oxford,
Maryland; Dorado Soapstone LLC of
Denver, Colorado; and Pental Granite
and Marble Inc. (Pental) of Seattle,
Washington. 81 FR 54601. The Office of
Unfair Import Investigations was also
named as a party. Id.
On August 23, 2016, Cambria moved
to terminate the investigation in its
entirety based upon withdrawal of the
complaint. On August 24, 2016,
respondent Pental responded that it
does not oppose the motion to
terminate, but strongly denies the
allegations against it set forth in
Cambria’s complaint. On August 24,
2016, the Commission investigative
attorney responded in support of the
motion.
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On August 25, 2016, the ALJ granted
the motion as the subject ID (Order No.
2). The ALJ found that the motion
complied with Commission Rules, and
that extraordinary circumstances did
not exist to prevent granting the motion.
Id. at 3; see 19 CFR 210.21(a). No
petitions for review of the ID were filed.
The Commission has determined not to
review the ID.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR 210).
By order of the Commission.
Issued: September 7, 2016.
Lisa R. Barton,
Secretary to the Commission.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–21903 Filed 9–12–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1018]
Certain Athletic Footwear; Institution
of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 10, 2016, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Reebok
International Ltd. of Canton,
Massachusetts and Reebok International
Limited of England. Supplements were
filed on August 12, 19, and 25, 2016.
The complaint as supplemented alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain athletic footwear by reason of
infringement of certain claims of U.S.
Patent No. 7,637,035 (‘‘the ’035 patent’’)
and U.S. Patent No. 8,505,221 (‘‘the ’221
patent’’). The complaint further alleges
that an industry in the United States
exists as required by subsection (a)(2) of
section 337.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
SUMMARY:
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Secretary, U.S. International Trade
Commission, 500 E Street SW., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
The
Office of Docket Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2015).
SCOPE OF INVESTIGATION: Having
considered the complaint, the U.S.
International Trade Commission, on
September 7, 2016, ORDERED THAT—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain athletic footwear
by reason of infringement of one or
more of claims 1, 2, 9–15, 18, 19, and
23–27 of the ’035 patent and claims 1,
5, 6, and 11–15 of the ’221 patent, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
Reebok International Ltd., 1895 J.W.
Foster Boulevard, Canton, MA 02021.
Reebok International Limited, 11/12 Pall
Mall, London SW1Y 5LU, England.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
TRB Acquisitions LLC, 34 West 33rd
Street, 5th Floor, New York, NY
10001.
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Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices
RBX Active 01 LLC, 34 West 33rd
Street, 5th Floor, New York, NY
10001.
RBX Direct LLC, 34 West 33rd Street,
5th Floor, New York, NY 10001.
RBX.COM LLC, 34 West 33rd Street, 5th
Floor, New York, NY 10001.
Elite Performance Footwear, LLC, 10
West 33rd Street, Suite 804, New
York, NY 10001.
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: September 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
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BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. U.S.-Morocco FTA–103–
030]
Probable Economic Effect of Certain
Modifications to the U.S.-Morocco FTA
Rules of Origin
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and opportunity to
provide written comments.
AGENCY:
Following receipt of a request
on August 24, 2016, from the United
States Trade Representative (USTR), the
Commission instituted investigation No.
103–030, Probable Economic Effect of
Certain Modifications to the U.S.Morocco FTA Rules of Origin, for the
purpose of providing the advice
required under § 104(1) of the United
States-Morocco Free Trade Agreement
Implementation Act.
DATES: October 13, 2016: Deadline for
filing written submissions.
January 24, 2017: Transmittal of
Commission report to USTR.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. All written submissions should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW., Washington, DC
20436. The public record for this
investigation may be viewed on the
Commission’s Electronic Document
Information System (EDIS) at https://
edis.usitc.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Project leader Mahnaz Khan (202–205–
2046 or mahnaz.khan@usitc.gov) or
deputy project leader Heidi ColbyOizumi (202–205–3391 or
heidi.colby@usitc.gov) for information
specific to this investigation. For
information on the legal aspects of this
investigation, contact William Gearhart
of the Commission’s Office of the
General Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
Persons with mobility impairments who
will need special assistance in gaining
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62921
access to the Commission should
contact the Office of the Secretary at
202–205–2000.
BACKGROUND: In his request letter, the
USTR stated that U.S. negotiators have
recently reached agreement in principle
with representatives of the government
of Morocco on certain proposed
modifications to the textile and apparel
goods rules of origin contained in the
U.S.-Morocco Free Trade Agreement
(U.S.-Morocco FTA). The USTR noted
that § 203(j)(2)(B)(i) of the United StatesMorocco Free Trade Agreement
Implementation Act (the Act) authorizes
the President, subject to the
consultation and layover requirements
of § 104 of the Act, to proclaim such
modifications to the rules of origin as
are necessary to implement an
agreement with Morocco pursuant to
Annex 4.3 of the FTA. The USTR
further stated that one of the
requirements set out in § 104(1) is that
the President obtain advice regarding
the proposed action from the U.S.
International Trade Commission.
In his request letter, the USTR asked
that the Commission provide advice on
the probable economic effect of the
proposed modifications on U.S. trade
under the U.S.-Morocco FTA, total U.S.
trade, and on domestic producers of the
affected articles. The affected articles
identified in the proposal are certain
apparel goods, including dresses, skirts,
blouses, tops, shirts, shirt-blouses, and
pants. The request letter and the
complete list of proposed modifications
are available on the Commission’s Web
site at https://www.usitc.gov/
research_and_analysis/
what_we_are_working_on.htm. As
requested, the Commission will provide
its advice to USTR by January 24, 2017.
WRITTEN SUBMISSIONS: No public hearing
is planned for this investigation.
However, interested parties are invited
to file written submissions concerning
this investigation. All written
submissions should be addressed to the
Secretary, and all such submissions
should be received not later than 5:15
p.m., October 13, 2016. All written
submissions must conform with the
provisions of § 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8
and the Commission’s Handbook on
Filing Procedures require that interested
parties file documents electronically on
or before the filing deadline and submit
eight (8) true paper copies by 12:00 p.m.
eastern time on the next business day.
In the event that confidential treatment
of a document is requested, interested
parties must file, at the same time as the
eight paper copies, at least four (4)
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Agencies
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62920-62921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21971]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1018]
Certain Athletic Footwear; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 10, 2016, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Reebok International Ltd. of Canton, Massachusetts and Reebok
International Limited of England. Supplements were filed on August 12,
19, and 25, 2016. The complaint as supplemented alleges violations of
section 337 based upon the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain athletic footwear by reason of infringement of
certain claims of U.S. Patent No. 7,637,035 (``the '035 patent'') and
U.S. Patent No. 8,505,221 (``the '221 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S.
International Trade Commission, telephone (202) 205-1802.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2015).
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on September 7, 2016, ORDERED THAT--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain athletic
footwear by reason of infringement of one or more of claims 1, 2, 9-15,
18, 19, and 23-27 of the '035 patent and claims 1, 5, 6, and 11-15 of
the '221 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Reebok International Ltd., 1895 J.W. Foster Boulevard, Canton, MA
02021.
Reebok International Limited, 11/12 Pall Mall, London SW1Y 5LU,
England.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
TRB Acquisitions LLC, 34 West 33rd Street, 5th Floor, New York, NY
10001.
[[Page 62921]]
RBX Active 01 LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
RBX Direct LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
RBX.COM LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
Elite Performance Footwear, LLC, 10 West 33rd Street, Suite 804, New
York, NY 10001.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: September 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-21971 Filed 9-12-16; 8:45 am]
BILLING CODE 7020-02-P